Filing Frivolous Motions
The next situation where an award of attorney’s fees and costs is appropriate is when the other party files frivolous motions, or motions designed to inflame the other party or motions that have no foundation in the law. Such motions are most often used to obtain an advantage or to out-litigate the other party, but the Court is cognizant of these techniques and oftentimes, does award such fees to stop the offending party from continuing to use such tactics. Although there are other opportunities where your attorney can request that your attorney’s fees and costs be paid by the other party, they are used on a very specific case-by-case basis. One instance includes a situation where the other party is in violation of already existing Court orders. This is referred to as a contempt proceeding. Additionally, there are a few other situations as well, but these situations do not occur with great regularity in the domestic relations field. With that being said, it is essential that your attorney know of these circumstances and knows when to assert these arguments on your behalf. Bottom line, your attorney should identify these situations fairly early in your case and should keep you advised of these situations as your case proceeds forward.